Home Blog

Amazon Brand Registry: What You Need to Know!

Near the end of July, the online behemoth’s shares were trading upwards of 40% year to date.  Coming on the heels of Amazon’s announced...
super hero

Whose License is it Anyway?

A good superhero movie in the Hollywood can command an average budget of anywhere between 100 Million and 250 million. This isn’t surprising because...
wrigley gum

Trademark Infringement: Wrigley sues E-cig Firm Over Famous Chewing Gum Products

On July 13, 2017, Chicago-based chewing gum company W.M. Wrigley Jr. Company filed a trademark infringement lawsuit against Chi-Town Vapers LLC, another Chicago based...

What You Need To Know About Trademark ID’s

As a trademark attorney, one of the most common misunderstandings that I see among my clients, is the confusion between Classes and ID’s. Very...

Trademarks, Signaling, and Innovation

13-year old Rachel Zietz was a skilled lacrosse player who became frustrated after spending hundreds of dollars on lacrosse equipment that was of low...

Trademarks after Tam: A Rise in Offensive Filings and the Washington Redskins

Four weeks ago, the Supreme Court ruling in Matal v. Tam answered a decades long question that has captivated the attention of the media, businessman, sports fans, and legal theorists alike: the team name...
Brand Theft

6 Tips: Responding to Brand Theft

As an entrepreneur, you have worked hard to carefully build your reputation. However, imagine that one day you are surprised by that customer that...
Europe Google

Google Hit with $2.7 Billion Antitrust Fine by EU Regulators

On Tuesday, June 27th, European Union regulators fined Google approximately $2.7 billion (2.4 billion euro) for violation of the EU’s antitrust laws. It was...
Proof of Use

Proof of Use and USPTO Federal Trademark Registration

Individuals and business are constantly attempting to register their brands with the United States Patent and Trademark Office (USPTO). The trademarking process is often...
Supreme Court

BREAKING NEWS – SCOTUS Holds Trademark Act Disparagement Clause Unconstitutional

  On Monday June 19, 2017, The Supreme Court of the United States decided Matal v. Tam, regarding the registrability of band name "The Slants"...

I Want That Domain Name!  

Many individuals, after registering a trademark, find that the corresponding domain names are not available for their use. This can be frustrating but due...

What’s So Fair About Fair Use?

This article was originally published at The Ruby-Slippered Sisterhood blog in 2012. It is being reprinted today with permission from the author, Amanda Brice, who...

Trademarkia at INTA!

If you're at the International Trademark Association annual meeting in Barcelona this week, we encourage you to stop by and say hello! We're having a...
Youtube Trademark

YouTube To YourMark: Applying Trademark Protection to YouTube Channels

  With the growth of crowd sourced and  alternative media, the importance of protecting one’s creative outlet is likewise of growing concern. Just ask PewDiePie,...
file

Not Just For File Cabinets and Desk Drawers: The Importance of Organizational Skills

Many new business owners are so focused on honing their services, obtaining financing, and expanding their clientele that they forsake the importance of recording...
Trademark Disclaimers

Trademark Disclaimers Part II: Why Should I Be Concerned About a Disclaimer?

What if you hyphenate the words? A mere hyphen would not dilute the descriptive nature of the words. The USPTO analysis would then be:...
Trademark Disclaimer

Trademark Disclaimers Part I: What is a Disclaimer?

Disclaimers are an inherent part of the trademark registration process. So what are “disclaimers”? According to the USPTO, a disclaimer is when the applicant...
Slur

Of Slurs and Square Roosters: The Strange World of Section 2(a) Refusals

What do an Asian-American rock band and a professional football team from Washington D.C. have in common? Both lost, or were refused, trademark registrations...
lawsuit

What To Know Before Filing A Lawsuit

You may believe that someone has infringed upon your legal rights to such an extent that it is necessary to sue them. Before you...
trademark fraud

Fraudulent Trademark Solicitations Roundtable – July 26, 2017

The United States Patent and Trademark Office announced that on July 26, 2017 the Trademark Organization and the Trademark Public Advisory Committee plan to hold...

A House Divided: Joint Trademark Ownership and (all of) You

Exactly who should own a trademark is almost a metaphysical question. A statutorily vital function of a trademark is to identify "the" source of...

USE IN COMMERCE — WHAT DOES IT MEAN?

You’re ready to file your trademark application with the USPTO, but you’re asked to provide the date that you first used your mark “in...

How To Create a Strong Trademark

Fanciful Arbitrary Suggestive Descriptive Generic   HOW TO CREATE A STRONG TRADEMARK? Not all marks are perceived in the same manner. There’s a spectrum on which trademarks are usually judged. These...
Vegas Raiders

Las Vegas Raiders: A Winning Bet or Losing Gamble?

The Oakland Raiders are usually looking to score some treasure on the football field.  But it looks like they finally hit the jackpot and...
Help make america great

Announcement: New Manufacturing Feature on Trademarkia

LegalForce Trademarkia now helps small businesses design their products and take them to market!  For just $199, we will help you get bids from our network...
Amazon online

Coming Soon: Amazon’s New Brand Registry

Good news for those of you who sell goods on Amazon.com! Amazon is launching an initiative next month to remove knock-off stuff from its...
how to register a trademarkvideo

How to get a Registered U.S. Trademark through Trademarkia.com

Watch this short animation on how the trademark process work when a trademark is filed through LegalForce Trademarkia!   The video explains the different steps...
March Madness

Marching Towards Madness (and Away From TM Liability)

It's the most wonderful time of the year! For many Americans, the month of March is synonymous with kites or St. Patrick's Day or flowers...
Happy birthday barbie

Happy 58th Birthday Barbie!

Happy 58th Birthday Barbie!   March 9, 1959 marks the date that Barbie was introduced to the world at the American Toy Fair in New...
LLC

Don’t Pierce Me Bro:  How To Preserve Your Limited Liability Protection

“Piercing seems to happen freakishly. Like lightning, it is rare, severe, and unprincipled.” -Frank H. Easterbrook & Daniel R. Fischel, Limited Liability and the Corporation,...
Who should own my trademark

Who Should Own My Trademark?

The worst mistake you can make in filing your trademark application may be to list yourself as the owner! Under Section  1201.02 (b)  of the...
Happy birthday girl scouts

Happy Birthday Girl Scouts!

Two weeks ago, we celebrated National Girl Scout Cookie Weekend with a discussion of licensing agreements and cookie trademarks. This Sunday, the Girl Scouts of...
Common Law Trademark

What are Common Law Trademark Rights?

  If I do not want to formally apply to have my brand name registered with the USPTO (United States Patent and Trademark Office), can...
Agreement

Agreements between Founders

Not all businesses are started with just one person. Oftentimes, a group of friends or colleagues will start a business together, with each person...
trademark application

6 Tips: What To Do After Filing a Trademark Application

Start using your trademark (if you haven’t already). A trademark protects you when you continually use it, and can demonstrate that you have...
USPTO

Important Update: Recent Change on Proof of Use Rule

The USPTO (“United States Patent and Trademark Office”) is implementing new rules when it comes to what is required for a renewal.  This is...
Girl Scout Cookies

100th Anniversary of Girl Scout Cookies — A Case Study in IP Licensing

It's National Girl Scout Cookie Weekend! You know what that means -- millions of little (and not-so-little) girls hit the streets and the stores...
strategy

Creating Your Own IP Strategy

As your business grows and your brand becomes more recognizable, it’s important to protect your intellectual property and come up with a strategy for...
Los Angeles Chargers

Revolt Against the Bolts!: Los Angeles Chargers Face Opposition

In January 2017 the Chargers announced they were moving back to where it all began, Los Angeles.  Even though San Diego had been the...
trade secret

Protecting IP Through Trade Secrets

A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information that is not generally known or reasonably...

News

Legal Info